When Alabama State Sen. Tom Whatley from Auburn spoke with OANow in late March, he described his bill, SB 228, as a “go-to-war bill.” The bill would have allowed Opelika Power Services (OPS) to expand its Fiber-to-the-Home (FTTH) services to his community. On Wednesday, April 5th, his colleagues in the Senate Transportation and Energy Committee decided to end the conflict in favor of AT&T and its army of lobbyists.

The final vote, according to the committee legislative assistant, was 7 - 6 against the bill. She described the vote as bipartisan, although the roll call isn’t posted yet, so we have not been able to confirm.

According to Whatley:

“AT&T has hired 26 lobbyists to work against me on that bill. It really aggravates me because I have boiled one bill down to where it only allows Opelika to go into Lee County. It cuts out the other counties.”

Whatley has introduced several bills this session and in previous legislative sessions to allow OPS to expand beyond the state imposed barriers to offer services in Lee County. Alabama law doesn’t allow OPS, or any other municipal provider, to offer advanced telecommunications services outside city limits. SB 228 would allow Opelika and others (described as a “Class 6 municipalities”) to offer services throughout the counties in which they reside. A companion bill in the House, HB 375, is sitting in the House Commerce and Small Business Committee.

Rep. Joe Lovvorn, who introduced HB 375 agrees with Whatley:

“If it doesn't make sense for a large corporation to go there, that's OK that's their choice,” he said. “But they don't have the right to tell, in my opinion with my bill, the city of Opelika they can't serve them either.”